Hal Von Luebbert v. City of Lubbock
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledAugust 27, 2026
Docket07-26-00236-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00236-CV
HAL VON LUEBBERT, APPELLANT
V.
CITY OF LUBBOCK, ET AL., APPELLEES
On Appeal from the County Court at Law No. 3
Lubbock County, Texas
Trial Court No. CC-2025-CV-1103, Honorable Ben Webb, Presiding
August 27, 2026
MEMORANDUM OPINION
Before DOSS and YARBROUGH and PRATT, JJ.
Appellant, Hal Von Luebbert, proceeding pro se, attempts to appeal from the trial
court’s interlocutory Order Denying Plaintiff’s Motion for Summary Judgment. Luebbert
sued Appellees seeking declaratory relief and asserting various causes of action
challenging the City of Lubbock’s designation of his dog as a dangerous dog. He later
moved for summary judgment on his claims, but the trial court denied the motion. His
claims remain pending in the trial court.
We have jurisdiction to hear an appeal from a final judgment or from an
interlocutory order made immediately appealable by statute. See Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex.
1998) (per curiam). Luebbert filed this interlocutory appeal pursuant to Section
51.014(a)(8) of the Civil Practice and Remedies Code, which permits an appeal from an
interlocutory order that grants or denies a governmental unit’s plea to the jurisdiction. See
TEX. CIV. PRAC. & REM. CODE §§ 51.014(a)(8); 101.001(3) (defining a governmental unit).
Neither prerequisite to an appeal under Section 51.014(a)(8) is present here. Luebbert
is not a governmental unit, and the order from which he appeals does not grant or deny
a plea to the jurisdiction. Rather, the order denies Luebbert’s motion for summary
judgment.
Because the trial court has not rendered a final judgment nor an appealable
interlocutory order, we grant Appellees’ motion to dismiss the appeal for want of
jurisdiction.1 See In the Interest of C.V., No. 02-20-00281-CV, 2020 Tex. App. LEXIS
9446, at *2 (Tex. App.—Fort Worth Dec. 3, 2020, no pet.) (per curiam) (mem. op.)
(dismissing interlocutory appeal purportedly brought under Section 51.014(a)(8) because
no governmental unit had filed a plea to the jurisdiction); In the Interest of I.C.D.N., No.
05-17-01426-CV, 2018 Tex. App. LEXIS 788, at *2 (Tex. App.—Dallas Jan. 29, 2018, no
pet.) (mem. op.) (doing same).
The appeal is dismissed.
Per Curiam
1 Although Luebbert filed a response to Appellees’ motion to dismiss, he has not demonstrated any
basis for continuing the appeal.
2